Pritam Singh
Singapore
“Mr Speaker, I hear what the Minister has said. I am also sure the Minister has understood where the Workers' Party Members of Parliament are coming from. And I also would like to add that as the Opposition, we come to this House to scrutinise Bills and it is our duty to ask those questions.”
“Thank you, Speaker. I am empathetic to the arguments of efficiency and ensuring that patients can see a polyclinic doctor or consultation as quickly as possible. I understand the Senior Minister of State mentioned it is important to try and make a make an appointment so that your waiting time is within a certain period.”
“Thank you, Speaker. Just a question for the Minister of State. Does the Ministry capture the total amount of monies recovered from Singaporeans who are victims of scams?”
“Thank you, Mr Speaker. Just a point of order. I believe the Senior Minister of State, in his wrapping-up speech, referred to a speech made by a Member who did not deliver a speech in Parliament on the Bill, that is, hon Member Ms Mariam Jaafar. I would just like to confirm whether that is as per the Standing Orders of Parliament.”
“Much obliged, Mr Deputy Speaker. At the Sitting on 7 April 2026, I rose to seek a clarification on the joint Ministerial Statement on the situation in the Middle East.”
“Thank you, Speaker. The Minister of State mentioned meaningful impact a few times, so I will give an example. The KPI in the Budget Book, "the percentage of patients who waited less than or at least 100 minutes for consultations at polyclinics", for example, for each fiscal year, 2023, 2024, 2025 – the number is 99%.”
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“Mdm Speaker, in between the First and Second Readings of this Bill – a period of two-and-a-half months – two stories about foreign worker accommodation, in particular, caught the public eye. Both stories unwittingly put the importance of this Bill and the scope of the work ahead to better manage and look after the well-being of our foreign worker population into acute perspective. On 6 December 2014, The New Paper reported that four Malaysian foreign workers who were employed as cleaners died in a fire at a Geylang Lorong 4 shophouse, in Singapore's worst fire in 10 years. Two firemen and eight other individuals suffered injuries from this blaze. The unit in question – reported to be an area only slightly bigger than 1,300 square feet – had nine rooms, each equipped with bunk beds, a tiny kitchen and a toilet. The Malaysian Star newspaper, Stomp and a TODAY article reported that the premises was occupied by some 100 foreigners from China, India, Bangladesh and Malaysia, partitioned into 11 units of rooms, each occupied by about 10 people. The local Chinese newspaper Shin Min Daily News, on the other hand, reported that the affected unit of the three-storey walk-up apartment had 11 rooms, each occupied by up to eight workers, which makes for a total of about 88 people in a single apartment. In a separate piece of news on 29 December 2014, The New Paper reported that eight blocks of HDB-managed flatted factories at Tampines Industrial Park A, comprising workshops, furniture manufacturers and warehouses, were operating as "a secret dormitory" for 1,000 foreign workers, in clear violation of HDB rules. While these stories were headline-grabbing, other articles pertaining to our foreign workers continue to make the news.”
“Thank you, Mr Deputy Speaker. Sir, I just have one key clarification on the Bill. Under the newly enacted clause 4(5), it states that no Judge has an Page: 102 absolute right to any gratuity upon retirement. This ostensibly would mean that the Government can determine which judge should or should not receive a gratuity. I understand section 8 of the Pensions Act also extends similar powers to the Government. However, section 8 of the Pensions Act also states in the event an officer is guilty of negligence, irregularity or misconduct, it shall be lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which the officer would have become eligible. The drafting of section 8 suggests that it is under these latter conditions that a pension could be discontinued. The newly enacted clause 4 of the Bill does not provide such clarity. Under the new regime, it would be foreseeable that a one-time gratuity would be paid upon retirement. This is unlike the Pension Act where payments can be expected to continue and the scenario of an infraction post-retirement may well result in the stoppage of a pension. Such a prospect cannot be reasonably expected to be invoked after the full gratuity is paid up under the proposed Bill. Can the Minister explain under what circumstances would a judge not expect to receive a gratuity at the end of retirement under this Bill, especially if he or she qualifies for one and has not been found guilty by a tribunal of his or her peers of misbehaviour, or being unable to discharge the duties of judicial office? Thank you. 6.08 pm”
“" There was no replacement of parliamentary pensions with any gratuity and rightfully so. Indeed, the concept of a clean wage goes hand-in-hand with good governance and transparency. Furthermore, in reply to a Parliamentary Question in April 2013, Deputy Prime Minister Teo stated that for judicial and statutory appointment holders, the proposed gratuity plan is essentially of the same value as the pension and is taken into account in the overall salary levels when carrying out salary comparisons. It would, therefore, appear that there is a lack of consistency in the Government's approach towards the concept of a clean wage, if, indeed, a gratuity is seen to replace a pension. In principle, because of the competitive salaries already received by civil servants, I seek the Minister's clarification about the current rationale behind paying certain civil servants a gratuity and why it would it not have been just simpler and more consistent to have a clean wage. Mdm Speaker, I oppose the Bill. Page: 60 3.41 pm”
“Along with the prospective introduction of a judicial service at the State Courts, it would also have been an opportunity for the Government to address judicial independence globally, Page: 59 across the courts in Singapore. On the other changes proposed by the Bill, the Workers' Party does not object to the setting up of an International Commercial Court and the creation of the post of an International Judge as it is not envisaged to have direct ramifications on areas of sovereign domestic law which remains the domain of local judges and because it has the potential of making Singapore a key centre for legal work in Asia. I have a clarification for the Minister about the Government's thinking behind the possible appointment of multiple Deputy Attorneys-General. The AGC already accommodates for the appointment of a Solicitor-General and a Second Solicitor-General. What additional work is the new Deputy Attorney-General or Deputy Attorneys-General anticipated to take on? Could not taxpayer money have been better utilised to strengthen the middle ranks of the Attorney-General's Chambers if a heavier workload is the reason for the creation of the office of one or more Deputy Attorneys-General? Finally, I seek clarification from the Minister about the replacement of pensions with gratuities for Judges, members of the Public Service Commission, the Auditor-General and the Attorney-General, going forward. Mdm Speaker, in 2012, when parliamentary pensions were abolished, Deputy Prime Minister Teo said that "the removal of pensions will further strengthen the principle of a clean wage and align the retirement scheme of office-holders and Members of Parliament to the Central Provident Fund system.”
“Relooking at the concept of security of tenure for Judges is a good place to start. In fact, there are some signs that the Government is working to buttress the concept of judicial independence already. In the Prime Minister's speech to Legal Service Officers (LSOs) on 20 March 2014, it was announced that a separate track would be created for LSOs. While the structure of the Legal Service remains an integrated one – hence, retaining room for improvement – this change is nonetheless an improvement from the current situation where legal officers rotate between appointments in the State Courts as Magistrates and District Judges, and as Deputy Public Prosecutors in the Attorney-General's Chambers, heightening the prospects of a conflict of interest and a potential lack of judicial independence. The creation of a separate judicial service at the State Court level is a better measure to guard against members of the Executive from influencing the career and advancement of Judges at the State Courts, since the judicial officers' career track will now be assessed by the Judicial Branch Personnel Board and not the Legal Branch Personnel Board. In effect, what this change, as announced by the Prime Minister, does is to play some small, but not imperceptible, part in strengthening the protective wall of judicial independence. Even if this may not be the stated intention of the Government, it ought to operate as such. Mdm Speaker, this amendment to the Constitution would have been a good opportunity for the Government to address judicial independence with an acute focus on the future of the Judiciary in Singapore. To make it better and to reinforce that protective wall.”
“Under the existing regime, which this Bill re-enacts, it is conceivable that a Judge past the retirement age may be retained by the Government because his or her judgments are "safe" ones and are acceptable to the Government, even as the Judiciary remains a separate Organ of State. While I am not suggesting that this has occurred, such judgments may well be read as a signal by other judges who have not reached their retirement age as a factor that may determine the prospects for future judicial employment past the statutory Page: 58 retirement age or for a permanent appointment, in the case of Judicial Commissioners. Such a prospect could threaten to breach the protective wall upholding judicial independence and confidence in the Judiciary. It is apposite to note, as the former Chief Justice did in his article, that there was also a practical component to judicial independence – namely, that each Judge must believe in and maintain the integrity that the judicial office requires of him or her and that no protective wall can maintain judicial independence should judges be unwilling or unable to exercise personal independence in discharging their duties and functions. Mdm Speaker, we have a first-class Judiciary. There is no reason to doubt the integrity of our Judges. However, judicial independence as an institution may well take centre-stage and remain in the spotlight in the years to come as our polity becomes more plural and as our citizens turn to the court to adjudicate or clarify disputes covering administrative action and social norms. Before that happens, the Government would be well placed to institutionally strengthen the protective wall of judicial independence so that confidence in the Judiciary remains high.”
“The theoretical component noted that judicial independence can be secured by surrounding judges with a protective wall against pressure from political appointees, parliamentarians and pressure groups with specific agendas. This protective wall can be categorised according to what secures independence "to individual members of the judiciary and those that secure the independence of the Judiciary as an institution." According to the former Chief Justice, protection afforded by this wall gives the Judiciary the impetus to carry out its Constitutional role and gives judges unfettered freedom to adjudicate disputes without fear or favour and according to law. What are the components of this protective wall for individual judges? They include lifelong security of tenure and remuneration, immunity from civil suits, adequate remuneration and pension rights. What are the components of this wall for the judiciary as an institution? They include a fair process for judicial appointment, adequate funding and support for the Judiciary and respect and support for the Judiciary in general. Mdm Speaker, the Workers' Party is of the firm belief that this amendment to the Constitution offers the Government an opportunity to strengthen and reinforce the protective wall around the Judiciary to carry out its Constitutional role. In accordance with our manifesto, the Workers' Party is of the view that the Constitution should be amended to extend the retirement age of Supreme Court Judges from 65 to 70 years, with no prospect of extension by the Government thereafter. While extensions and short-term appointments are administratively convenient, it is the Workers' Party view that they weaken the protective wall that upholds judicial independence.”
“Thank you, Mdm Speaker. Mdm Speaker, the Workers' Party opposes the Constitution of the Republic of Singapore (Amendment) Bill. The Workers' Party is uncomfortable about the appointment of short-term Senior Judges who can be re-appointed after the age of 55. The renewal of these short-term positions is contingent on whether renewal is recommended by the Prime Minister and concurred by the President. The new Article 95(2) provides that a person who is 65 years of age or older may be appointed as the Chief Justice, a Judge of Appeal or a Judge of the High Court for a specified period. The Workers' Party is of the view that this weakens a concept critical to judicial independence, namely, the security of tenure. According to the former Chief Justice, Mr Chan Sek Keong, "The freedom to choose one's government is a hallmark of democracy" and that the "governors and the governed must respect the law and all are equal before the law. But respect for and subjection to the law can only be sustained if a neutral institution exists to ensure that the law is respected and enforced against all. That institution, in all democracies, is the judiciary", and it is "the linchpin of a democratic society and the rule of law." Critically, the former Chief Justice notes, "The ability of the judiciary to fulfil such a role is by no means automatic or assured; this is Page: 57 heavily contingent on it being an independent institution." Mdm Speaker, these observations of the former Chief Justice appeared in a Singapore Academy of Law Journal article in 2010, titled "Securing and Maintaining the Independence of the Court in Judicial Proceedings." The former Chief Justice's thesis was that the independence of the judiciary hosted a theoretical and practical component.”
“Madam, two supplementary questions for the Senior Minister of State. The first is that the Minister for Transport recently spoke in Parliament about the piloting of a taxi information trial system to monitor the real time demand of taxis. Can I enquire if the sharing economy companies or the taxi application companies are part of this trial, as they would have collected quite a lot of data that can be instructive for LTA to better calibrate the number of taxis on the road, or to explore, potentially allowing private cars with the requisite insurance and safety requirements for the public, for example, to make up the shortfall of demand during peak hours in particular? Secondly, are there any plans to review the taxi quality of service standards in the light of third party taxi applications?”
“I would like to thank the Minister for his reply. Mdm Speaker, page 58 of the MOF's Public/Private Partnership Handbook states that the misallocation between the PPP provider, in this case, SHPL, and the Government procuring entity, namely, SportSG, is complex and SportSG must be careful that operational risks are not passed back to them. Separately, there was also the media statement from SportSG suggesting non-payment if the condition of the pitch does not improve – I believe this was issued shortly after the Brazil-Japan Friendly match. I have three supplementary questions for the Minister. First, what is the annual payment that SportSG pays to the Sports Hub under the PPP framework and how are the payments structured over the re-payment period? Secondly, under what circumstances can SportSG contractually withhold annual payment to the Sports Hub and how much can it withhold for non-performance? And finally, in view of the Suzuki Cup ticket prices that were released yesterday, what role does SportSG and the Sports Associations play to determine the pricing of events with potential mass appeal and what recourse does SportSG have to ensure that ticket prices are not out of reach for the mass public?”
“And NCPG statistics from 2011 showed that those who participated in online gambling were found to have the poorest self-control, gambling longer, more frequently and spending more money than planned. Page: 81 Mdm Speaker, the phrase, "the devil is in the details", is an oft-heard cliché. This Bill essentially sees the Government proposing a largely restrictive regime governing remote gambling, which is a positive development in principle. To that end, I support the Bill. However, the Bill is also one where the details – of how the Government will ensure remote gambling through exempt operators will not lead to an increased incidence of gambling, especially among the vulnerable groups – are not sufficiently clear. As this is a significant aspect of the Bill with far-reaching implications on gambling norms in Singapore, I ask the Minister to put this Bill before a Select Committee so Parliament can receive additional feedback from Singaporeans, industry experts and, in particular, operators that would potentially qualify for a certificate of exemption, with a view to scrutinise clauses 26 to 30 more closely. 4.55 pm”
“In view of the ubiquitous nature of remote gambling, the integrity and online security of gambler/gambling-related information and specifically, the greater difficulty to police and influence online activity, can the Minister please share what measures and regulations the Ministry has deliberated upon to ensure that widespread online gambling does not begin to take root in Singapore because of online or remote mediums through regulated operators who have been issued a certificate of exemption? Separately, in its press release dated 29 November 2013 on proposals to restrict remote gambling, the Ministry stated that, in addition to the changes promulgated in the Bill before the House today, the Ministry will also strengthen public education with regard to remote gambling and gambling simulation games. Can the Minister share how the Ministry intends to do so, how different its public education programme would be for remote gamblers as opposed to land-based gambling and how it plans to gauge the effectiveness of such measures in view of the privacy afforded to a gambler by the Internet and, as iterated earlier, given the nature of the online medium in particular? In conclusion, Mdm Speaker, a number of international studies warn how remote gambling activities can be more dangerous than conventional ones that are already present in Singapore. The British-based Global Betting and Gaming Consultants (GBGC) estimated that the remote gambling industry in Singapore will rake in US$416 million or S$526 million in 2014, up by more than 50% from the US$271.58 million in 2009. More worryingly, according to the Psychological Assessment Journal, it was reported that 40% of online gamblers tend to over-estimate their winnings and underestimate their losses.”
“MSF, in a reply to a Parliamentary Question on the implementation of responsible gaming measures adopted by the two Integrated Resorts in October 2013 with respect to the Casino Control (Responsible Gambling) Regulations, said that a casino operator must submit its responsible gambling programme to the authorities for prior approval with some measures, including whether the operators had committed a dedicated committee to oversee responsible gambling efforts, set up a pre-commitment facility for patrons to limit their gambling expenditures and other broad measures, such as responsible gambling Page: 80 ambassadors providing patrons with information and to assist those who display signs of anxiety or distress. These measures have not been raised by this Bill but it is envisaged that they would conceivably be similarly raised in subsidiary legislation. However, as the drawing up of such legislation is not subject to parliamentary debate, it would be important for the Minister to flesh out the contours of responsible gaming regulations relevant to remote gambling in Parliament, so that Members can be assured that remote gambling options, as offered by exempt operators, do not end up making it more convenient for gamblers as Singapore is already one of the most wired and connected countries in the world. There is also a legitimate concern that responsible gaming regulations specific to land-based gambling are not easily portable to the remote gambling realm precisely because land-based gambling outlets are viscerally better placed to introduce social checks and monitors.”
“The fear is that if pressures begin to mount on the bottomlines of exempt operators and even the state as a tax partner, there may well be a desensitisation towards relaxed remote gambling restrictions as a solution. The Bill gives wide powers to the Minister to decline or revoke the issuance of a certificate and I hope the Minister can let this House know what measures are in place to ensure that such a slippery slope does not occur. In addition, the NCPG consultation exercise on remote gambling proposed that the proceeds of remote gambling products offered by not-for-profit entities should go towards charitable and community causes. This point is also made in clause 26 on the factors that the Minister may consider before issuing a certificate of exemption. I would like to ask the Minister if the Ministry has determined what percentage of proceeds from remote gambling would go towards such causes and the operators respectively and how remote gambling will be taxed. Will this figure be made public in due course, and would an expectation of a fixed percentage of proceeds be a criterion for the issuance of a certificate, in addition to the conditions specified in clause 28? Fourth, responsible gaming regulations for remote gambling. According to a speech made by the Minister at the 3rd Singapore Symposium on Casino Regulation and Crime last year, the total revenue of the global remote gambling industry in 2012 was estimated at US$35 billion, with an expected annual growth rate of about 9% – we have heard a number of Members citing these figures. And this is about five times the expected growth for conventional land-based gambling.”
“I would be grateful if the Minister could inform this House whether his Ministry will be open to look into the efficacy of a total ban on online gambling and not issue a certificate to any operator, until the public knows how restrictive or liberal the remote gambling regime will be in practice, or whether it will increase the prospect of compulsive gambling in Singapore. Second, information on remote gambling in Singapore. The NCPG consultation exercise report on the regulation of remote gambling saw some stakeholders calling on the Government to commission more local research on remote gambling to study the nature and extent of remote gambling in Singapore. I am of the view that access to this information would better equip Members in this debate, rather than to rely on analyst projections from third parties. I hope the Minister can share more information on remote gambling in this Page: 79 regard, for example, details on the numbers of remote gamblers in Singapore, the frequency of their betting activities and preferred betting activities, such as sports betting or conventional casino-styled gambling, so that Parliament can ensure that the social safeguards with regard to remote gambling are set at an appropriate level. Third, remote gambling exempt operators: taxation and proceeds. In a USA Today editorial dated 25 September 2014, it was reported that the state of New Jersey was looking to the courts to allow sports betting and the concern was that online sports betting would follow suit accordingly. This may not just mean bets on the eventual results, but live-betting as well, such as the number of red and yellow cards in soccer game for example, raising the prospect of attendent social ills, such as increased sophistication in match-fixing, for example.”
“It was noteworthy that in the National Council on Problem Gambling (NCPG) consultation exercise report on the regulation of remote gambling dated 6 March 2014, some stakeholders advocated a complete ban on remote gambling on the grounds that there were sufficient gambling outlets available to Singaporeans and to prevent easy access to remote gambling, especially among youth who are usually more tech-savvy and potentially at greater risk. The oft-heard argument about remote gambling is that a total ban will drive activities, such as Internet gambling, underground. This is often the same argument used for the regulation of other vices. In the absence of relevant data and information, I am not convinced that these concerns wholly apply to remote gambling precisely because gamblers can still get their fix at land-based outlets and through some remote gambling options provided to gamblers by operators currently. If so, would it not suggest that rather than gamblers going underground and operating illegally, most gamblers would just go to the existing land-based outlets, such as authorised 4-D/TOTO shops which are completely legal and regulated? Separately, even if some remote gambling does go underground, there is already acknowledgement by the Minister that even with the passage of this Bill into law, there remain loopholes, such as Virtual Private Networks (VPNs) that can be set up to circumscribe restrictions in this Bill and gamblers could still get their fix through international online gambling sites.”
“It also gives authorities the power to block payments between illegal gambling sites and financial institutions, and block local access to gambling websites that facilitate all advertised remote gambling. All these are very far-reaching measures. Mdm Speaker, a reading of the Bill in isolation sends the signal that the state subscribes to a restrictive and socially responsible attitude towards remote gambling. This is, however, only until the exemption clauses 26 to 30 to the Bill kick in and this aspect of the Bill is the focus of my speech. The Minister can issue a certificate of exemption to any operator if it is in the public interest to do so. Clause 28 lists the conditions that the Minister may refer to when deciding to issue a certificate although these are not exhaustive and because the Minister has wide powers to add to, delete or modify the conditions governing the issuance of a certificate of exemption. Page: 78 I have a few clarifications for the Minister in this regard. While I am supportive of a clear legal regime to deal with remote gambling, I am concerned that the prospect of a certificate of exemption issued to one or more local operators will increase the prospect of gambling in Singapore per se, as there is no clarity as yet on the means by which an operator would seek to contain and control the potential of remote gambling to cause harm to all Singaporeans and not just to young persons and vulnerable individuals. I will cover four main areas in my speech. First, is it inevitable that a total ban will cause remote gambling to go underground?”
“This Bill comes four years after the Singapore Academy of Law's Law Reform Committee released a report on online gambling in Singapore in July 2010. The Law Reform Paper noted that Singapore had begun to host gaming and gambling events with more frequency, referring to the Betfair Asian Poker Tour and through statutory exemptions to the Common Gaming Houses Act for organisers of private events to organise gambling activities in Singapore. In the words of the report, these developments suggested a more open State policy towards controlled and revenue-generating gambling activities with similar implications for online gambling, even though the local courts have generally taken a more conservative approach with regard to public policy considerations about gambling. This Bill will clarify the law on online gambling, especially since the four key Statutes that govern gambling in Singapore, namely the Common Gaming Houses Act, the Betting Act, the Private Lotteries Act and the Betting and Sweepstakes Duties Act, do not adequately address the legal regime surrounding online or remote gambling. With regard to online gambling till date, the Common Gaming Houses Act and the Betting Act are generally differentiated with the former dealing mainly with casino-style online gambling and, the latter, with sports-type online betting. The Bill targets all forms of remote gambling activity and covers individuals and corporate entities from gamblers to betting agents and operators. The law will apply so long as part of the gambling activity takes place in Singapore, regardless of where the bet is placed or where the remote gambling operator is located.”
“Mdm Speaker, I would like to thank the Senior Minister of State for that very helpful clarification. I have three supplementary questions for the Senior Minister of State. First, did the Malaysian government forewarn Singapore of their intention to raise toll charges at the Causeway on 1 August, and have there been any joint discussions about this round of toll hikes since 1 August so as to manage costs for Singaporeans and Malaysians travelling to and fro both countries? The second question is: did the Singapore Government inform its Malaysian counterparts when it planned to increase VEP charges in July this year, and if not, does it plan to do so going forward? Finally, in view of the close relationship between Singapore and Malaysia, especially between the Prime Ministers in recent years, has the Government suggested to the Malaysian authorities to consider tagging the additional toll from 1 August along the Eastern Dispersal Link rather than at the Customs, Immigration and Quarantine (CIQ), so as not to penalise drivers who do not use the Eastern Dispersal Link and only travel into Johor Bahru Page: 12 city?”
“Does this not encourage the continued use of the device should the signal change, perhaps just to type out the final line of an SMS or an email on a tablet mounted on the dashboard or, worse, send out an email while driving? If so, how effective is the law really in changing the behaviour of motorists on the road? In conclusion, I certainly hope the amended section 65B arrests the prospect of errant drivers and, as a consequence, reduces the number of summons Singaporeans receive under section 65B. However, an approach targeted at behavioural change may well be more useful in getting motorists to improve their driving habits with the view towards better road safety and, separately, more straightforward enforcement as well. I hope the Ministry considers this going forward. 3.40 pm”
“Firstly, through inattention blindness, where drivers fail to visually process or remember what their eyes see; and, secondly, through tunnel vision where drivers gaze centrally ahead instead of scanning their surroundings. Foreign jurisdictions, in view of the danger surrounding the use of mobile devices while driving, host clearer laws with less ambiguity. It makes enforcement less subjective and more straightforward as well. For example, in the United Kingdom (UK), it is illegal to drive using a handheld phone or similar device even if one has stopped at the traffic lights or is queuing in traffic. A driver can, nonetheless, use a hands-free kit, two-way radio or a satellite navigation device, but is nonetheless liable to be stopped and penalised if the Police think the driver is distracted and not in control of the vehicle. The laws are broadly similar in Australia. More fundamentally, under the re-enacted section 65B, an offence is only meted out if the motor vehicle is in motion, akin to current legislation under the same section. It would appear that this section's re-enactment could have afforded the Ministry a better opportunity to send a stronger signal to the public on the dangers with regard to the Page: 56 use of communicative devices on the road per se. To this end, I would like to enquire from the Senior Minister of State what deliberations took place in the Ministry when determining the amendments to section 65B on this point, especially when compared to the laws in foreign jurisdictions. What differences are present in foreign jurisdictions, as compared to the local situation, which merit our laws allowing the use of mobile devices and communicative devices now at traffic stops and junctions?”
“" Page: 55 While the taxi driver's concerns are valid, a motorist could nonetheless fall foul of another section, namely, section 65 of the Act which metes out an offence of driving without due care and attention and without reasonable consideration. However, for an enforcement officer, in view of the broad "catch-all" ambit of section 65 of the Road Traffic Act, it would appear that it would take an egregious violator to result in a successful prosecution. To this end, I would like to ask the Senior Minister of State: how many motorists have been summoned under the "catch-all" section 65 last year and the in first half of this year, with specific reference to being distracted by mobile devices, including tablets, for example? Secondly, according to the National Safety Council in the United States (US), 23% of all crashes each year involve handphone use. I would like to ask the Senior Minister of State if the Ministry keeps similar statistics on the local situation and if he could share them with the House. Mdm Speaker, while I welcome the clarity and updating of section 65B, this clause could have been more emphatic about the dangers of being distracted by communicative devices of any nature while driving a vehicle. Numerous local media reports since the Bill was first read in the House have noted that Singaporeans regularly use mobile phones and devices while driving, especially when waiting for the lights to change at traffic junctions. The President of the Automobile Association of Singapore, citing a 2013 American Automobile Association Foundation for Traffic Safety and the University of Utah report, was quoted in The Straits Times noting that the use of mobile devices could distract drivers in two ways.”
“Mdm Speaker, thank you for allowing me to speak on this Bill, which I support. Nonetheless, I seek clarifications from the Senior Minister of State on clause 14, in particular. Clause 14 of the Bill re-enacts section 65B to cover all handheld devices which are designed or capable of being used for a communicative function. This extends an offence to the use of a device's non-communicative functions, such as surfing on the Internet, visiting social media platforms and downloading videos. The new laws are envisaged to apply to devices, such as tablets, computers and any communicative device, not only mobile phones. The proposed law does not explicitly ban the use of such devices if they are mounted on the dashboard or windscreens of vehicles or if they are used at traffic junctions. Some motorists have remarked this would mean it would not be illegal to type out an email on a device which has been mounted on the vehicle's dashboard while driving along a busy road. As far as the Bill stands, a driver could conceivably type out an email while driving as long as the device is mounted and he would not fall foul of section 65B. I am not sure whether this is necessarily a better way to reduce the number of distractions a driver can fall victim to, especially if Members consider the fast pace of life in Singapore and our increasingly crowded roads. To this end, a part-time taxi driver was quoted in The Straits Times, musing, "What is the difference between holding the phone and mounting it in a holder? I have a holder and when I touch the phone on the holder, I am not concentrating. It is not an offence but it is still a distraction.”
“I thank the Senior Minister of State for the reply. I have one supplementary question. Does the Government have any plans to review the regulatory framework that governs short-term rentals for both the public and private property market, in view of the rise of sharing economies service firms like Airbnb, for example?”
“I thank the Minister for his wide-ranging comments on what is inevitably a very difficult issue to come to terms with. Nonetheless, I welcome MFA's comments on 31 July 2014 that the shelling of the Jabalia Elementary Girls School in Gaza is unpardonable. But my concerns on these incidents in Gaza and Israel are, really, on the impact on Singapore and our regional situation. The images that we see of the destruction of homes and schools, and the killing and suffering of children are things that all Southeast Asians are exposed to. Therein lies the fears of further self-radicalisation among the population in Singapore and in the region. In view of this danger, and in view of our deep relationship with Israel, does the Minister not think that we can perhaps send an even stronger message to Israel both publicly and privately that the conduct of its operations in Gaza is jeopardising the safety and security of its friends like Singapore?”
“In fact, this is what we do in most of our panels. Advisory panels are set up to advise the agencies. We have only one appeals panel, which is in the film appeals panel. Everything else is just an advisory panel and we would like to retain it that way.”
“I will leave it to NLB, which is undertaking its review process at the moment, to decide what it will do in such cases. To Mr Pritam Singh's question whether or not there was astroturfing, it is difficult for me to say exactly, but there was obviously a lot of input that came in during that period of time. NLB and other Government agencies will probably have to take all of these into consideration and then decide what is the best course of action. It is difficult for all of us to say whether or not that this is a bona fide feedback or this is basically something which is planned. We should leave it to the agencies. They know what to do. They have been in this business for a long time to exactly determine what is the appropriate course of action. I think we cannot be very, very prescriptive in this day and age when, as the hon Member rightly pointed out, astroturfing is possible. I am sure that all the Page: 22 agencies, including the agencies under MCI, are aware that these are things which can happen and, therefore, they have to take these into account when they come to making a decision on the matter. On the advisory panel, at the moment, it is difficult for me to say whether we should have an appeals panel. We are already taking one step further to have an advisory panel. I would rather prefer, at this point in time, for all decisions to be made by NLB. Do not forget – this is an advisory panel to advise NLB on whether a book is appropriate or not for its collection. The decision finally rests on NLB and I would rather prefer to leave it to NLB to do that because this is the practice for most libraries across the world. The library and the librarians make the decision on what is the best course of action for a particular book.”
“Madam, I would like to ask the Minister whether there was a sustained period of astroturfing in the form of emails or letters, all unusually appearing around the same time, which led to the announcement from NLB that the books in question were pulped in response to public feedback in the first instance. Secondly, are there any communication guidelines that the Ministry issues to Government bodies on how to deal with or differentiate regular feedback from what appears to be orchestrated feedback from interest groups? If not, are there plans for the Government to introduce such guidelines? Thirdly, with regard to the Minister's remarks on the advisory panel, would the Minister consider the process of an appeal with regard to decisions made by the advisory panel? Assoc Prof Dr Yaacob Ibrahim: Madam, I did not answer Ms Faizah Jamal's question on pulping. As I mentioned in my reply, that is the standard practice that has been used in most libraries for books which are withdrawn because of being torn or worn out. The vast majority of books that are withdrawn from our collection fall into that category. In fact, only a small number of books are withdrawn because of controversial content. The practice of pulping or recycling is not exceptional. It is being used in other parts of the world. Some books which are outdated, for example, IT books, we take them out and then we either sell them or put them up for sale for donation or even export them overseas, if there are countries that may want to use them. As I mentioned earlier, going forward, for books which are withdrawn for controversial content, we will consider other options other than pulping. Again, I do not want to prejudge.”
“When does MOM expect all dormitories to comply with the requirements set out in these guidelines? Will similar guidelines covering minimum living space be extended to employers who house their workers in other accommodation? And here I am referring particularly to marine, process and construction workers. Would MOM consider more regular monitoring of foreign worker accommodation for those workers who do not reside in large dormitories, who may be less likely to be aware of their rights in general, notwithstanding the efforts of NGOs and MOM so far?”
“Madam, I have three questions for the Minister for Home Affairs and one question for the Minister for Manpower. In my question directed at MHA during the Committee of Supply debate this year, I asked about the cultural training given to law enforcers. The Second Minister replied to say that a structured training programme is in place to ensure that APOs are able to meet operational needs. In light of the COI report which states that APOs and SPF officers should be given some basic training in cultural sensitivity, to this end, is the Ministry looking into amending the training programme for officers who patrol areas frequented by foreign workers? And if so, what is the scope of the cultural sensitivity training that the public can expect? Second question – until new laws on the regulation of public consumption of alcohol in general are passed, is there a plan to introduce the restrictions on alcohol consumption in Little India to other places frequented by foreign workers, such as Geylang and the Golden Mile Beach Road areas, since the cause of the Little India riot may potentially be replicated in other areas where large congregations of foreign workers gather? Third question – how does the Ministry plan to encourage greater awareness of section 18 of the Miscellaneous Offences Act, as recommended by the COI? Page: 76 To the Minister for Manpower, the COI report states that it supports better initiatives to improve accommodation facilities available to foreign workers here, as small improvements can significantly better workers' lives. To this end, how many dormitories currently comply with the URA's 2012 revised amenity provision guidelines covering all dormitories that house between 50 and 5,000 workers which require a minimum living space of 4.5 sqm per worker?”
“Thank you, Mdm Speaker. Minister, just one quick clarification with regard to the Committee to Strengthen National Service's recommendations specifically on WSQ certification for skills picked up by National Servicemen in the military: can I ask the Minister what skills, beyond the leadership, will be Page: 38 covered by WSQ certification? That is the question. Just a quick clarification on the Malay issue. I thank you for those remarks. I certainly look forward to more Malays serving in all SAF units.”
“I thank the hon Member for the question. It is a very important one. Indeed, he is right. I remember my own experience as a National Serviceman in the Combat Engineer Unit, as a platoon commander, where we had no Malay servicemen in the rank-and-file, at least when I was there. And a few years ago, one of my best friends took over command of a similar unit and I was pleasantly surprised actually to see Malay Servicemen in the rank-and-file. So, in that sense, it is very good to know that we have moved. Unfortunately, on the ground, you have certain noises, sometimes coming up from the Malay community, that somehow these messages of earlier political leaders in Singapore suggest that we have not moved. But as the hon Member rightly pointed out, we have moved forward. As I mentioned in my speech, I think we have to move forward with this idea that right now, we are moving forward as one united people, no matter what your race and religion is, you will defend Singapore with no one doubting your intentions because of your race.”
“Nonetheless, we may be in a better position to determine the price we take with regard to our immediate neighbours, given the greater inter-dependence between Singapore and Malaysia in particular. Unfortunately, we are not in a position to determine or prevent a conflict in the South China Sea, beyond offering ourselves as a neutral arbiter and an advocate for a code of conduct in the South China Sea. We can, however, start working on scenarios to determine Page: 52 how we can better be prepared for a regional conflict, especially given the deep changes that have taken place in our society over the last 10-15 years with regard to our population policies and economic strategies in particular. The standoff between Ukraine and Russia is not wholly relevant to Singapore but there are more immediate worries closer to home. Mdm Speaker, I support the Motion of thanks on the President's Address.”
“These questions are especially important for Singapore businesses and for the world we want to bequeath to our children, questions that go beyond economics in view of the implications of the TPP for the Asia Pacific region. Will the TPP allow Singaporean companies to go overseas and do business the same way big companies are allowed to come to Singapore and compete for major contracts with local businesses? Which businesses and industries, if any, are likely to be killed off by the TPP? Mdm Speaker, it would be helpful if the Government flesh out the opportunities and pitfalls awaiting our local SMEs should the TPP come to pass so that our businesses are not blind-sided by it. In fact, such a strategy going beyond communication with Chambers of Commerce and business federations may well encourage greater entrepreneurship amongst our people. Equally, greater sharing of information with budding businesses, startups and those that are still primarily locally oriented will vindicate and justify the policymaking hours spent by our civil servants and Government officials on TPP negotiations. In conclusion, Mdm Speaker, with our total external trade hitting almost one trillion dollars according to 2013 statistics, Singapore will be acutely vulnerable should a conflict erupt in the South China Sea. Beyond our neutrality and our relentless diplomatic efforts, Singapore will have to adjust and deal with the reality that comes our way. A former Permanent Secretary of MFA once observed, not incorrectly, Singapore will always be a price taker, not a price setter in the international realm.”
“It would also be helpful to add some cultural ballast to deepening defence ties by restating the importance of the Malay Language and encouraging its use, even informally, since Singapore will always be located in the Malay Archipelago. We should also take the opportunity in so far as our local discourse is concerned, to remind policymakers that the fear of putting a Malay serviceman behind a machine gun is already over. We are all Singaporeans and, with 50 years of Independence behind us, now more than ever, when you are conscripted to defend your home Singapore, in whatever capacity, your race is not a factor. Page: 51 Mdm Speaker, much has been said about the Trans-Pacific Partnership (TPP), a trade agreement to expand the 2005 Trans-Pacific Strategic Economic Partnership Agreement. The TPP seeks to enhance trade and investment among the TPP partner countries, promote innovation, economic growth and development. For Singaporeans, the implications of the TPP for Singapore have not been discussed beyond broad motherhood statements even as many groups and lobbies in potential TPP signatory countries are protesting against the treaty, especially those economies heavily weighted in favour of particular industries, such as automotive and agriculture, amongst others. Even environmentalists and Internet freedom advocates have raised a hue and cry about the implications of the TPP. Whilst Singapore's considerations will be different in view of the externally oriented nature of our economy, it would be important for the Government to inform Singaporeans what is in it for us.”
“Such Singaporean initiatives are hallmarks of effective defence diplomacy and we should build on this. Going forward, it may be appropriate for us to explore how our defence ties with our immediate neighbours, in particular, can be further improved. This would be solely to increase reservoirs of trust with our neighbours with the view to completely eradicate the prospects of hostilities as far as practically possible. This would have to be a long-term strategy but it is not impossible. We can start with Malaysia. As our populations and economies become more interconnected with Iskandar Johor and the rapid transit system between Johor Baru and Woodlands in the works, the logic of conflict between us will make less and less sense as the years go by. To this end, a new multilateral architecture among Singapore, Malaysia, Indonesia and Brunei that eradicates the prospect of conflict and promotes military inter-operability and joint training may well operate to create a far more benign security environment in our immediate neighbourhood so as to allow for a more flexible and targeted use of our defence dollar in the long run. Whilst Singapore must ultimately remain responsible for its own security, steady and determined confidence-building measures with our neighbours and the willingness to put the past behind can alter the security landscape. I would suggest that we are in a much better starting position. The Government already actively encourages Singapore businesses to operate in Iskandar Johor as evinced most recently in the Prime Minister's remarks during the Malay/Muslim business conference held earlier this month. Singapore already conducts a wide range of military exercises with our immediate neighbours.”
“We would need to prepare for these unexpected outcomes and review our crisis strategies even as the Government presses ahead with economic growth and with the expansion of foreign manpower continuing. Insofar as national resilience is concerned, the announcement by the Committee to Strengthen National Service (CSNS) in recommending a Volunteer Corps is a laudable initiative. This is even if it is, for all intents and purposes, a pilot initiative and a small baby step targeted at new citizens, first-generation PRs and women. I would urge all new citizens, in particular, to apply to join the SAF Volunteer Corps and join hands with Singaporeans who already dedicate a minimum of 12 years of their life to National Service. As a young nation, but with close to 40% of our population comprising non-Singaporeans, questions of identity and commitment of the new arrivals are likely to remain in the minds of Singaporeans for the foreseeable future. This has a direct consequence on our resilience as a country and a people. The Government should continue to explore how new citizens and PRs can contribute to our national security and how the total defence concept can be reinforced in light of the new realities. Mdm Speaker, it was instructive to note MFA's Addendum to the President's Address referring specifically to the fact that good relations with our immediate neighbours, namely, Page: 50 Malaysia, Indonesia and Brunei, are essential for our security and prosperity. I recently attended the 34th Singapore Lecture delivered by Sultan Hassanal Bolkiah of Brunei in April this year. The Sultan took the opportunity to applaud Singapore's offer of the Changi Command and Control Centre as a regional humanitarian disaster and relief co-host centre.”
“For Singapore, the jockeying in our neighbourhood suggests that the external environment in the years to come is likely to be more, and not less, unpredictable. In the event our external trade is affected by skirmishes and hostilities in the South China Sea or a chill permeates through the markets and business confidence sinks as a result of it, our resilience as a people is likely to be severely tested. Page: 49 Beyond hosting a strong Singapore Armed Forces (SAF) that is ready for battle, how prepared are we as a country if conflict in a foreign region has a debilitating effect on our economy and society? With our fast-changing population, have the pillars of Total Defence been unwittingly weakened? Is our economy strong, resilient and diversified enough to survive a crisis in the South China Sea? With close to 40% of Singapore comprising of non-Singaporeans, will Singaporeans and foreigners look out for each other or turn to look after their respective communities? These numbers should inform the Government that the next 30 years that undergird Total Defence will be much more important than the last 30. While SAF and Home Team National Servicemen reinstate their commitment to Singapore, the Government should assess if we have over-extended ourselves in outsourcing many critical public functions. In times of conflict, we can certainly expect job losses and some foreigners returning to safer pastures. How will our municipal, health, transport and telecommunication services hold up, given the large number of foreigners manning them? Will some of our foreign friends among us respond nationalistically, favouring the Philippines or Vietnam, depending on their ethnicity and original citizenship, even as Singapore would prefer to stand as a neutral party?”
“A Code of Conduct on the South China Sea to address these territorial spats is unlikely to come to pass anytime soon. This is in spite of hopes for it to be hurried along, as most recently expressed by the Minister for Foreign Affairs in his visit to Washington two weeks ago. In contrast, the Prime Minister's more sober remarks in Tokyo on the back of the Nikkei International Conference last week that any nation would be cautious about signing on to a set of guidelines which may constrain its freedom of action are noteworthy. Seen from this perspective, while the early agreement of a Code of Conduct would be warmly welcomed by Singapore, it is not terribly realistic to expect this of China or any other major power in its shoes. As China grows economically, it has taken a long view of history to ensure that it is in the foremost position to determine the power dynamics of its immediate neighbourhood, which it sees as a core interest. Such big power behaviour is not unusual. Big powers march to their own drumbeat. Even the US, while accepting the widely ratified United Nations Convention on the Law of the Sea as customary international law, has not moved to ratify the treaty for reasons best known to American lawmakers. In a sense, China's reactions can be read as a direct response to the perception of a gradually minifying ability and keenness of the United States to impose its will on the world. This is coupled with the slow and uneven post-Cold War shift to a more multi-polar world. As part of this process, it would have come as no surprise to hear of the 30-year $400 billion gas deal between China and Russia last week, even as barbed exchanges and spats were taking place over the South China Sea.”
“Thank you, Madam. This Motion of thanks for the President's Address takes place amidst worrying developments in our neighbourhood. At the recent ASEAN Summit in Myanmar, ASEAN Foreign Ministers issued a statement on 10 May 2014 expressing their serious concerns over the ongoing developments in the South China Sea, which increased tensions in the area. There have been many references from the Government over the last few months about hostilities between Ukraine and Russia, and the implications for Singapore. In the South China Sea, tensions are increasing between China and a whole host of countries. It is a sea line of communications central to our survival – US$5.3 trillion worth of trade passes through it every year. Needless to say, the South China Sea is right at our doorstep, too. The geopolitical jockeying taking place in the region takes place in a year when we celebrate 30 years of Total Defence, a national initiative that first began in 1984. Madam, my colleagues have already spoken and will continue to speak during this debate on a wide range of important domestic matters, as covered in the President's Address. I will focus my speech on national security, specifically to issues pertaining to foreign affairs Page: 48 and defence. In spite of the American pivot towards Asia, the fact remains that the benign American security umbrella in Asia has to accommodate China's economic and growing military power. The real manifestations of a changing power equilibrium in East and Southeast Asia are taking place. Over the last year, developments in the East and South China Sea, in particular, are causing serious concerns amongst several Asian countries, including Japan, the Philippines and Vietnam – all in the eye of the storm.”
“Three supplementary questions for the Senior Minister of State. Firstly, in view of what he has said, will MDA mandate that all contracts signed between telcos and content providers for exclusive content be wrapped up 12 months prior to the staging of the event, like in many other countries which seal the arrangements early, so telcos can offer lower charges to the viewing public in view of the lead time available to source for Page: 24 more advertising revenue to subsidise the costs of content procurement? The second question: has the Ministry considered whether Singapore Pools, the only legal lottery operator which benefits from World Cup punting, could contribute towards subsidising the Singapore viewing public in reasonable proportion to its soccer-related betting collections and payouts? And, finally, would the Minister clarify if the Programme Advisory Committee for English programmes (PACE) made any specific recommendation or advised MDA on measures to reduce the costs of watching the World Cup to Singapore consumers in light of the escalating costs from the 2010 experience?”
“I do understand from the Minister for Culture, Community and Youth during the Committee of Supply this week and comments published in the mainstream media on 9 March that a new tribunal may be set up in the second half of the year with powers to issue orders to disputing neighbours, an added recourse for aggrieved individuals from the current community dispute resolution system which is wholly voluntary. Nonetheless, I hope this Bill will encourage businesses and schools to draw up dedicated anti-harassment and anti-bullying policies and procedures so that employers, employees and students are clear on the general boundaries of personal conduct, both online and offline, rather than resort to the law at the get-go. Schools, in particular, can take some reference from Oxford University's Policy and Procedure on Harassment and Bullying, while the Tripartite Alliance on Fair Employment Practices could look at advising employers on the importance of such policies. Employers, in particular, should be minded to draw up these policies in view of the diversity of Singapore's population and our privileged position as a meeting point between East and West and the different cultural values that intersect at the workplace, where a hug or a pat on the shoulder may be misinterpreted by some employees, intentionally or otherwise, as sexual harassment. Page: 94 Finally, I welcome the clarification of this Bill on the law covering harassment in Singapore, in view of the case in AXA Insurance. Mdm Speaker, my concerns about the potentially wide-ranging application of section 7 notwithstanding, I support the Bill. 3.47 pm”
“I remember visiting a wake at my ward in late 2011 over a period of time when there was a spike in the number of deaths at the Bedok Reservoir, with the media wondering why this was so. In my case, the family of the deceased was rather distressed that some journalists were keeping a watching brief of the number of people who came and left the wake before approaching them for a sound bite. By "watching brief", I also mean hiding behind pillars and taking active steps to avoid detection. This information inevitably made its way back to the distressed family, and as the law is drafted, would the Minister comment on the possible employment of section 7 against journalists and Page: 93 investigative reporters? Section 7 of the Bill makes the offence of unlawful stalking subject to reasonableness. However, this is likely to be a challenging moral and ethical exercise, made even more challenging by a lower standard of proof in civil matters. I am concerned that the Bill may be subject to abuse, especially by individuals who seek to use the law as a weapon, as seen by the UK examples and, on the other extreme, for illegitimate reasons, like avoiding or strategically delaying public scrutiny which some journalists or bloggers may seek to pursue. Finally, while I do believe the law is a positive step forward in terms of putting a symbolic focus on harassment and society's abhorrence of such behaviour, I do query what the effect of the law is on alternative dispute resolution means, such as community mediation, especially in the case of neighbour disputes, and separately, the number of prosecutions and civil cases with the passage of this Bill.”
“For example, a UK newspaper reported that in 2001, the UK Protection from Harassment Act was employed to prosecute protestors outside a US base who were deemed to have distressed American servicemen by holding up a placard that said "George W Bush? Oh dear!" In 2004, police in Kent arrested a woman under the Act for sending two emails to an executive at a drugs company begging him not to test his products on animals. In 2007, the residents of a village in Oxfordshire were injuncted from protesting against a power company's plan to fill their lake with ash, in case they caused alarm or distress to the company's big-sized security guards. In fact, anti-stalking laws may conceivably be used against political activists, market researchers and religious organisations, especially if individuals or organisations are not fully apprised of the meaning of "course of conduct", as established by section 7(10) of the Bill. Mdm Speaker, while these examples are extreme and perhaps fleeting, it is not too far-fetched to imagine section 7 of the Bill being used for purposes that stretch Parliament's intent far beyond the illustrations provided in section 7 of the Bill, which have to do with an individual repeatedly sending emails, flowers and circulating revealing photographs, notwithstanding the Minister's point that the illustrations are only some examples of the wide application of the Bill. While this issue does not offer straightforward solutions, the point remains that the law against unlawful stalking may also find itself to be a victim of unintended consequences. I would like to seek the Minister's assurance that this Bill will not be used for such purposes. In fact, it is not too difficult to envisage a wide range of situations in the local context.”
“I ask this question not to knock these initiatives but to state my opinion that bullying, in both the real and online worlds, is best addressed through sustained and aggressive educational efforts both at home and in schools. It is my view that hard law will not succeed in altering norms and behaviour among school-children, as compared to sustained education efforts in schools where each student knows how to respond to cases of bullying and harassment instead of being overcome with feelings of guilt and suffering in silence. In the converse, education should also allow students to instinctively identify when his/her conduct is unbecoming and causing distress to someone else. While I acknowledge the work done by MOE and other groups in this regard, in the main, I do hope we can address the issue of bullying in schools outside the legal domain, with this Bill employed as a last resort on students who are at a stage in their life where mistakes are made and poor judgement is exercised, a reflection of youthful folly. Section 7 of the Bill covering unlawful stalking is probably the most challenging area as it breaks new legislative ground and is potentially open to much interpretation when applied. Section 7(3), which lists examples of acts or omissions associated with stalking, is generally identical to section 111 of the Page: 92 UK Protection of Freedoms Act 2012 which explicitly added new sections on stalking to the Protection from Harassment Act 1997. The potentially problematic nature of a stalking law has been seen in the application of the UK Protection from Harassment Act, which created an offence of pursuing a "course of conduct" which amounts to harassment of another.”
“But I do note that with regard to the relevant provisions under the MOA and the sentences of the sections under this Bill, section 41 of the Criminal Procedure Code already provides additional legislative muscle to address violators of sections 3, 4, 5 and 6 of the Bill through the execution of a bond proportionate to an accused person's means, with or without sureties, for a Page: 91 period not exceeding two years. Mdm Speaker, the illustrations to a number of sections in the Bill cover the acts of school children, with sections 4 and 7 featuring prominently. It is evident that the Bill was drafted to also address the issue of bullying in schools. Research by the Singapore Children's Society in 2006 and 2007 on school students revealed that bullying is not infrequent, with about one in four Secondary school students and one in five Primary school pupils having been bullied by their peers. In a previous parliamentary reply to the hon Member Mr Laurence Lien, the Senior Minister of State for Education replied that schools educate students on bullying through the formal curriculum as well as school-based programmes and students are also taught skills to handle challenging situations. The new Character and Citizenship Education curriculum also teaches students to report cases, seek help and to care for others. Anti-bullying awareness programmes, organised in many schools, empower students to help themselves and support their peers who are bullied. While I applaud these efforts, I would like to ask the Minister if these initiatives are applied with equal vigour across all schools.”
“They will often involve issues of acute factual inquiry coupled with the delicate calibration of conduct. Imprecise lines will have to be drawn between boisterous and abusive conduct; between freedom of expression and insulting or abusive conduct; between freedom of assembly and harassment. It cannot be gainsaid that there can be a point where legitimate conduct may cross the Rubicon and become harassment. This will always be a matter of degree and the actual concatenation of circumstances." It is evident that the application of sections 3 and 4 of the Bill that cover intentionally causing harassment, alarm or distress; and harassment, alarm and distress respectively, may not be so straightforward to apply in practice, notwithstanding egregious conduct. For this reason, I hope prudence is the guiding principle of the authorities in the exercise of its powers under this Bill and I welcome the Minister's remarks that the strong arm of the law will be employed in egregious cases. On definitions, I seek some clarification whether "persons", as used in the Bill, is to be broadly read to include corporate entities as under section 2 of the Interpretation Act, or whether our Courts will be left to determine this point. I ask this as there is case law from the UK, which in applying the UK Protection from Harassment Act, rules that on a proper construction of the term "person", the Act does not embrace a corporate entity. I wanted to ask the Minister what were the thought processes of the Ministry that led to a change in the maximum sentences under the MOA covering the new sections 3, 4, 5 and 6, but I note from the Minister that this was partly in response to the feedback from the Institute of Policy Studies (IPS) Conference on Harassment and public opinion on this point.”
“Firstly, section 15 of the Bill on false statement of facts which is of immediate interest to netizens, serves to remind Singaporeans that, whether anonymously or otherwise, a basic level of responsibility must be exercised when comments about any person, either online or offline, are made. This is a legitimate expectation of the law. Secondly, the courts are granted with the powers to assess whether it is just and equitable for any party to make offending harassing statements of fact on a balance of probabilities. In tandem, the powers of the court are drafted to order the cessation or correct the publication of such false statements of fact. Finally, the Bill does not operate to prohibit anonymous postings, even if the individuals behind the posts are subject to the Act, and rightfully so. One of the more common questions about the Bill is how harassment is defined. While the new illustrations in the Bill from the re-enacted sections under the MOA are helpful in giving examples of what constitutes harassment, the Bill has taken a broad approach and continues in the direction of the MOA, with the precise contours of harassment left to the courts to determine. In view of rapidly changing technologies and the possible subjectivity of what constitutes harassment, this is a reasonable position, as it allows a court Page: 90 to assess not just what could be defined as harassment but the effect of such conduct as well. This is important, as exemplified in the case of Chee Siok Chin and others vs Minister for Home Affairs, where Justice Rajah, as he was then, held: "Caution, of course, has to be exercised in the employment of subsection 13A and 13B of the Miscellaneous Offences Act.”
“Mdm Speaker, in the middle of 2013, the Government introduced a new licensing regime that sought to align online media platforms with the regime that governed mainstream media licensing. In the second half of 2013, there was a concern that the Government was going to draw up laws to address online accountability, a prospect which was met with alarm by many Singaporeans. There was a very real concern that legitimate criticism and fair comment, even if made anonymously, and the websites which hosted such content, were the real target of new laws that were being considered by the Government. Page: 89 I am wary of any attempts, either legislative or non-legislative, to tinker with online commentary for the principal reason that it remains one of the most important nation-building platforms for a free-ranging debate by members of the public without censorship, be it anonymously or otherwise. This is especially in view of the significant power of the mainstream media in determining the contours and the content of public discourse, and the out-of-bound markers it has to operate within. In the main, the Bill deals with harassment per se and seeks to harmonise our laws pertaining to harassment into an omnibus regime by re-enacting sections 13A(2) to 13B of the Miscellaneous Offences (Public Order and Nuisance) Act (MOA), and introducing a new law against unlawful stalking, amongst others. After this Bill was tabled on 3 March 2014 and scrutinised, I am considerably less disturbed by the prospect of the Bill serving as an impediment to legitimate criticism and as a backdoor mechanism to curtail freedom of expression online for three reasons.”
“Madam, in a 2013 circular to professional institutes on the review of parking requirements for places of worship, LTA noted that the worshipping patterns have changed over time with greater congregation sizes and the concurrent use of ancillary prayer halls. This resulted in a shortage of parking facilities and greater reliance on short-term parking along roads, causing inconvenience to the surrounding community. The regulations of better meeting the parking needs for new places of worship have taken effect. However, managing the parking woes at existing places of worship continues to be challenging. I am concerned that our racial and religious bonds as a society get strained when commuters have to deal with congestion around places of worship. I get particularly concerned when loose remarks are made about the problem concerning one faith every Friday and other faiths which have their day of worship or celebration on weekends and yet other uncalled for remarks about clan or cultural association dinners. I would like to ask the Ministry if it would consider launching a tolerance campaign with a view to encourage greater understanding between both road users and worshippers, with each party recognising that it has a duty to the other. Worshippers should be mindful of the neighbouring community and take extra efforts to avoid causing obstruction and deploying marshals, as is done in some places of worship. Road users should be encouraged to exercise some patience around places of worship in knowing that worshippers do not seek to inconvenience the larger community. I believe a targeted public campaign of this nature would also have the unintended but positive effect of generating greater harmony and supporting efforts at building greater understanding between the races.”